- (1.) The subject matter of challenge in the instant criminal revision is an order passed by the Learned Additional Chief Metropolitan Magistrate, Calcutta rejecting the petitioner's application under Section 311 of the Code of Criminal Procedure relating to a proceeding under Sections 138/141 of the Negotiable Instruments Act.
(2.) It has been vehemently urged by the learned advocate of the petitioner that during the cross-examination of the P.W.1 the authorized representative of the payee through whom the aforesaid complaint case has been instituted, the said witness admitted that he received a demand draft equivalent to the amount of the impugned cheque as per the meeting held on June 21, 2005, but the witness was silent on the point of statement of his bank account and never examined anybody from the bank as a witness. According to him examination of defence witness to bring on records such bank statement is very much essential for just decision of the case. The Learned Counsel appearing on behalf of the State as well as the Learned Counsel appearing on behalf of the complainant/opposite party vehemently opposed such contention and submitted the order impugned does not suffer from any illegality or infirmity and any interference with the same is not at all called for.
(3.) Now, having gone through the impugned order, I find the Learned Magistrate rejected such application on the ground the same was moved at a very belated stage and he was of the further opinion that the examination of the witnesses as prayed for is at all essential for just decision of the case.;